Serious as are the policy disagreements roiling Washington, none is as important as the structural distortion threatening constitutional equilibrium. Institutional derangement driven by unchecked presidential aggrandizement did not begin with Barack Obama, but his offenses against the separation of powers have been egregious in quantity and qualitatively different.

Regarding immigration, health care, welfare, education, drug policy and more, Obama has suspended, waived and rewritten laws, including the Affordable Care Act.
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Some say the judicial branch should not intervene because if Americans are so supine that they tolerate representatives who tolerate such executive excesses, they deserve to forfeit constitutional government. This abstract doctrine may appeal to moralists lacking responsibilities.

So, do we have a coverup at the IRS? Has a crime been committed? I don’t know. What I do know is that I am deeply disturbed by all this.

Maybe it’s just sloppy record-keeping, which would be bad enough. Most of the government’s business is now conducted digitally, and those records need to be properly handled. Or is it worse? Is the IRS deliberately keeping things from the public? Excuse my cynicism, but the IRS’s penchant for secrecy is what led Tax Analysts, using the new Freedom of Information Act, to sue the agency in the 1970s to force it to release private letter rulings. There have been several subsequent lawsuits to pry records that should have been public out of the agency’s hands.
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The exempt organization issue is now more than just fodder for conservative blogs. The IRS and the Treasury Department need to start being square with the American people and their Congress. Even if you hate the IRS — and I do not — a wounded and compromised tax collector (whether or not most of its wounds are self-inflicted) does no good for the country.

Under President Obama, the United States is “a nation governed by fear,” the American Civil Liberties Union says in an open letter that echoes the criticisms Obama has made of George W. Bush’s national security policies.

“[W]e say as Americans that we are tired of seeing liberty sacrificed on the altar of security and having a handful of lawmakers decide what we should and should not know,” the ACLU writes in a statement circulated to grassroots supporters and addressed to Obama. “We are tired of living in a nation governed by fear instead of the principles of freedom and liberty that made this nation great.”

Want to make money on the drug war? Start a company that builds military equipment, then sell that gear to local police departments. Thanks to the generation-long trend toward more militarized police forces, there’s now massive and growing market for private companies to outfit your neighborhood cops with gear that’s more appropriate for a battlefield.

Some of this is decades-old news. For over 25 years, the Pentagon has been supplying surplus military equipment to police agencies across the country, largely in the name of fighting the drug war. In fact, in as early as 1968 Congress passed a law authorizing the military to share gear with domestic police agencies. But it was in 1987 that Washington really formalized the practice, with a law instructing the Secretary of Defense and the U.S. Attorney General to notify local law enforcement agencies each year about what surplus gear was available. The law established an office in the Pentagon specifically to facilitate such transfers, and Congress even set up an 800 number that sheriffs and police chiefs could call to inquire about the stuff they could get. The bill also instructed the General Services Administration to produce a catalog from which police agencies could make their Christmas lists.

I broke the law yesterday and again today and I will probably break the law tomorrow. Don’t mistake me, I have done nothing wrong. I don’t even know what laws I have broken. Nevertheless, I am reasonably confident that I have broken some laws, rules, or regulations recently because its hard for anyone to live today without breaking the law. Doubt me? Have you ever thrown out some junk mail that came to your house but was addressed to someone else? That’s a violation of federal law punishable by up to 5 years in prison.

Harvey Silverglate argues that a typical American commits three felonies a day. I think that number is too high but it is easy to violate the law without intent or knowledge. Most crimes used to be based on the common law and ancient understandings of wrong (murder, assault, theft and so on) but today there are thousands of federal criminal laws that bear no relation to common law or common understanding.

Like most of this company town, I’m addicted to Netflix’s Beltway “telenovela,” House of Cards, starring Kevin Spacey as a conspiratorial House majority whip. But the show unwittingly flatters D.C., depicting a city of ruthless, steely competence. The real thing is a clown show consumed by trivialities.
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[D]espite appearances, bipartisanship abounds: “The same Congress that barely averted the fiscal cliff swiftly passed extensions of warrantless wiretapping and indefinite detention” and favors “profligate drone use.” They mainly bicker when the bill for the welfare-warfare state comes due.